82 FR 48656 - Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2017-2018 Biennial Specifications and Management Measures; Inseason Adjustments
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 201 (October 19, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 201 (October 19, 2017)
| Page Range | 48656-48667 | |
| FR Document | 2017-22695 |
[Federal Register Volume 82, Number 201 (Thursday, October 19, 2017)] [Rules and Regulations] [Pages 48656-48667] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-22695] [[Page 48656]] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 160808696-7010-02] RIN 0648-BH20 Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2017-2018 Biennial Specifications and Management Measures; Inseason Adjustments AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule; inseason adjustments to biennial groundfish management measures. ----------------------------------------------------------------------- SUMMARY: This final rule announces inseason changes to management measures in the Pacific Coast groundfish fisheries. This action, which is authorized by the Pacific Coast Groundfish Fishery Management Plan (PCGFMP), is intended to allow fisheries to access more abundant groundfish stocks while protecting overfished and depleted stocks. DATES: This final rule is effective October 19, 2017. FOR FURTHER INFORMATION CONTACT: Karen Palmigiano, phone: 206-526-4491, fax: 206-526-6736, or email: [email protected]. SUPPLEMENTARY INFORMATION: Electronic Access This rule is accessible via the Internet at the Office of the Federal Register Web site at https://www.federalregister.gov. Background information and documents are available at the Pacific Fishery Management Council's Web site at http://www.pcouncil.org/. Background The PCGFMP and its implementing regulations at title 50 in the Code of Federal Regulations (CFR), part 660, subparts C through G, regulate fishing for over 90 species of groundfish off the coasts of Washington, Oregon, and California. Groundfish specifications and management measures are developed by the Pacific Fishery Management Council (Council), and are implemented by NMFS. The final rule to implement the 2017-2018 harvest specifications and management measures for most species of the Pacific coast groundfish fishery was published on February 7, 2017 (82 FR 9634). The Council, in coordination with Pacific Coast Treaty Indian Tribes and the States of Washington, Oregon, and California, recommended three changes to current groundfish management measures at its September 11-18, 2017 meeting. The changes the Council recommended include: (1) Increasing the sablefish trip limits in the limited entry fixed gear (LEFG) and open access (OA) sablefish daily trip limit (DTL) fisheries north of 36[deg] North latitude (N. lat.), (2) adding a reference to the current lingcod size limits in the trip limit table for the trawl fishery, and (3) implementing depth restrictions in the California recreational fishery. LEFG and OA Sablefish DTL Fisheries North of 36[deg] N. Lat. To increase harvest opportunities for LEFG and OA sablefish DTL fisheries north of 36[deg] N. lat., the Council recommended increases to sablefish trip limits for all remaining periods in 2017. Trip limits for LEFG and OA sablefish DTL fisheries have been designated at 50 CFR 660.60(c)(1)(i) and in Section 6.2.1 of the PCGFMP as routine management measures. Sablefish are distributed coastwide with harvest specifications split north and south of 36[deg] N. lat. Trip limit increases, for species such as sablefish, are intended to increase attainment of the non-trawl harvest guideline (HG). To assist the Council in evaluating the increases to sablefish trip limits, the Groundfish Management Team (GMT) made model-based landings projections for the LEFG and OA sablefish DTL fisheries north of 36[deg] N. lat. for the remainder of this year. These projections were based on the most recent information available. The model predicts harvest of 76 percent (194 mt) of the LEFG harvest guideline (HG) (258 mt) and harvest of 77 percent (326 mt) of the OA sablefish DTL fishery HG (425 mt) under the current limits through the end of the year. With the recommended increase in sablefish trip limits, the projected harvest is 80 percent (206.9 mt) of the LEFG HG (258 mt) and 88 percent (374 mt) of the OA sablefish DTL fishery HG (425 mt) through the end of the year. This increase in trip limits does not change projected impacts to co-occurring overfished species from those anticipated in the 2017-18 harvest specifications and management measures, as the projected impacts to those species assume that the entire sablefish ACL is harvested. Finally, projections for the LEFG sablefish fisheries south of 36[deg] N. lat. are similar to levels anticipated in the 2017- 18 harvest specifications and management measures, and no requests were made by industry for changes; therefore, no inseason actions were considered. Therefore, the Council recommended and NMFS is implementing, by modifying Tables 2 (North and South) to part 660, subpart E, trip limit changes for the LEFG sablefish DTL fisheries north of 36[deg] N. lat. The trip limits for sablefish in the LEFG fishery north of 36[deg] N. lat. increase from ``1,100 lb (499 kg) per week, not to exceed 3,300 lb (1,497 kg) per two months'' to ``1,500 lb (680 kg) per week, not to exceed 4,500 lb (2,041 kg) per two months'' beginning in period 5 through the end of the year. The Council also recommended and NMFS is implementing, by modifying Tables 3 (North and South) to part 660, subpart F, trip limits for sablefish in the OA sablefish DTL fishery north of 36[deg] N. lat., an increase from ``300 lb (136 kg) per day, or one landing per week of up to 1,000 lb (454 kg), not to exceed 2,000 lb (907 kg) per two months'' to ``300 lb (136 kg) per day, or one landing per week of up to 1,300 lb (590 kg), not to exceed 2,600 lb (1,179 kg) per two months'' beginning in period 5 through the end of the year. Clarification on Lingcod Size Limits for the Shorebased Individual Fishing Quota (IFQ) Program At the September Council meeting, members of the Enforcement Consultants (EC) noted confusion with regards to size limits for lingcod, an IFQ species, caught with trawl gear in the Shorebased IFQ Program north and south of 42[deg] N. lat. Currently, lingcod size limits apply, per regulations at Sec. 660.60(h)(5)(ii)(B)(2). However, members of the EC and the public have commented that it can be difficult to find the regulations, and that they could be misinterpreted. Therefore, the Council recommended that NMFS include a reference to the current lingcod size limits (22 inches for north of 42[deg] N. lat. and 24 inches for south of 42[deg] N. lat.) in Tables 1 (North and South), part 660, subpart D. However, Tables 1 (North and South) do not provide any information regarding IFQ species (e.g. size limits, landing limits, vessel limits, etc.). These tables describe rockfish conservation areas for vessels using groundfish trawl gear and incidental landing allowances for non-IFQ species (for vessels registered to a limited entry trawl permit and using groundfish trawl or groundfish non-trawl gears to harvest IFQ species). NMFS thought it might cause confusion to intermingle IFQ species size limits in the tables that describe non-IFQ species [[Page 48657]] trip limits and trawl rockfish conservation area boundaries. However, consistent with the intent to clarify the applicable size limits for lingcod harvested in the Shorebased IFQ Program, NMFS is clarifying regulations at Sec. 660.60(h)(5)(ii)(B)(2). Size limits are designated as routine management measures at Sec. 660.60(c)(1)(i) and in Section 6.2.1 of the PCGFMP. Based on the reasons stated above, instead of including a reference to lingcod size limits in Tables 1 (North and South), NMFS is making clarifying edits to existing regulations at Sec. 660.60(h)(5)(ii)(B), which is the section of the regulations describing weight conversions and size limits for the Shorebased IFQ Program. The change to the regulations includes a clear reference to the lingcod size limits for north and south of 42[deg] N. lat. for the Shorebased IFQ Program for both the whole fish and fish with the head removed. California Recreational Fishery Management Measures In June 2016, the Council recommended Oregon and California recreational groundfish regulations for 2017 and 2018. At that time, management measures were anticipated to keep recreational catch within HGs and targets. However, recently, recreational fisheries in both Oregon and California have experienced higher than expected mortality for certain species. These species include black rockfish and cabezon in Oregon only, as well as yelloweye rockfish in both Oregon and California. The higher mortality has likely been the result of more favorable weather conditions experienced over the past few months, as well as increased fishing for groundfish due to a decline in salmon harvest opportunities due to the status of salmon stocks. Because of these factors, effort and impacts have been higher than originally projected, and will approach and/or exceed relevant state HGs. The state of Oregon has recently taken action through their state processes to address the higher than anticipated harvest in their recreational fisheries. California, however, relies on modifications to the federal regulations to address their higher than anticipated harvest. Inseason changes to depth restrictions for the California recreational fishery are designated at Sec. 660.60(c)(3)(i) and in Section 6.2.1 of the PCGFMP as routine management measures. At the September Council meeting, the GMT was informed that California was experiencing higher than projected recreational harvest of yelloweye rockfish. The California Department of Fish and Wildlife (CDFW) stated in their report (September 2017 Council Meeting, Agenda Item E.10.a, Supplemental CDFW Report 1) that information through September 10, 2017 suggested that, without intervention to reduce encounters, the California recreational harvest of yelloweye rockfish would exceed the state's HG by 15 percent, or almost 0.6 mt over their 3.9 mt HG. Based on this new information, the GMT conducted model-based runs for two alternative season structures that included depth-based area closures for October-December. The model determined that by restricting the depths at which fishing may occur, CDFW could reduce the projected impacts to yelloweye rockfish by 0.3-0.4 mt. Therefore, the Council recommended and NMFS is implementing, through modifications to regulations at Sec. 660.360(c)(3)(i)(A)(1) through (4), more restrictive depth closures for 4 of the 5 California recreational fishery management areas. The Council did not recommend a change for the Southern Management Area (south of 34[deg]27' N. lat.) at this time, which is already restricted to waters deeper than the 60 fm depth contour. Under the current regulations, recreational fishing is restricted by depth in the Northern and Mendocino Management Areas during May through October 31; with all depths open for November and December. With the implementation of this rule, recreational fishing in this management area will be restricted from mid-October through the end of the year to shoreward of the 20 fm depth contour. Additionally, recreational fishing is currently restricted to shoreward of the 40 fm depth contour in the San Francisco Management Area and the 50 fm depth contour in the Central Management Area. Through this rule, recreational fishing will be further restricted between October 16 and December 31 in these areas. Beginning October 16 in the San Francisco Management Area, recreational fishing will be prohibited seaward of the 30 fm depth contour and the 40 fm depth contour in the Central Management Area. More restrictive depth restrictions are intended to allow some recreational fishing to continue to occur while reducing catch of overfished yelloweye rockfish and keeping projected total catch through the end of the year below the ACL. According to the most recent data, even taking into account the overages in Oregon and California, there is an approximately 1.3 mt residual amount of yelloweye rockfish from the off-the-top deductions that were made through the biennial specifications process, including 0.4 mt that was not allocated at the beginning of the biennium, 0.9 mt from research which is projected to go unused, and 0.3 mt from incidental open access that is projected to go unused. Therefore, even if California takes an additional 0.6 mt over their 3.9 mt allocation, there is an extremely low risk of exceeding the ACL. Classification This final rule makes routine inseason adjustments to groundfish fishery management measures, based on the best available information, consistent with the PCGFMP and its implementing regulations. This action is taken under the authority of 50 CFR 660.60(c) and is exempt from review under Executive Order 12866. The aggregate data upon which these actions are based are available for public inspection at the Office of the Administrator, West Coast Region, NMFS, during business hours. NMFS finds good cause to waive prior public notice and comment on the revisions to groundfish management measures under 5 U.S.C. 553(b) because notice and comment would be impracticable and contrary to the public interest. Also, for the same reasons, NMFS finds good cause to waive the 30-day delay in effectiveness pursuant to 5 U.S.C. 553(d)(3), so that this final rule may become effective October 19, 2017. The adjustments to management measures in this document affect commercial fisheries in Washington, Oregon and California and recreational fisheries in California. No aspect of this action is controversial, and changes of this nature were anticipated in the biennial harvest specifications and management measures established through a notice and comment rulemaking for 2017-18. Accordingly, for the reasons stated below, NMFS finds good cause to waive prior notice and comment and to waive the delay in effectiveness. LEFG and OAFG DTL Sablefish Fisheries North of 36[deg] N. Lat. At its September 2017 Council meeting, the Council recommended an increase to LEFG and OA sablefish north of 36[deg] N. lat. trip limits be implemented as quickly as possible to allow harvest of sablefish to approach but not exceed the 2017 ACL. There was not sufficient time after that meeting to undergo proposed and final rulemaking before this action needs to be in effect. Affording the time necessary for prior [[Page 48658]] notice and opportunity for public comment would prevent NMFS from managing the LEFG and OA fixed gear sablefish DTL fishery using the best available science to approach, without exceeding, the ACLs for federally managed species in accordance with the PCGFMP and applicable law. These increases to trip limits must be implemented as quickly as possible during the two-month cumulative limit period to allow LEFG and OAFG fishermen an opportunity to harvest higher limits for sablefish without exceeding the ACL north of 36[deg] N. lat. It is in the public interest for fishermen to have an opportunity to harvest the sablefish ACL north of 36[deg] N. lat. because the sablefish fishery contributes revenue to the coastal communities of Washington, Oregon, and California. This action, if implemented quickly, is anticipated to allow catch of sablefish through the end of the year to approach but not exceed the ACL, and allows harvest as intended by the Council, consistent with the best scientific information available. Clarification on Lingcod Size Limits for the Shorebased IFQ Program At its September Council meeting, the Council recommended NMFS include a reference to the lingcod size limits for north and south of 42[deg] N. lat. in the trip limit tables for the limited entry trawl fishery, Tables 1 (North and South). After additional consideration, NMFS is clarifying existing regulations instead of adding a reference to the trip limit tables for the reasons mentioned in the above section. There was not sufficient time after the Council meeting to undergo proposed and final rulemaking before this action needs to be in effect. Affording the time necessary for prior notice and opportunity for public comment would not be in the public interest for fishermen or the public. Fisherman knowing and abiding by the correct size limits in regulation protects small and juvenile fish and prevents unintended impacts to the stock. This action, if implemented quickly, is anticipated to make the lingcod size limits clearer for fishermen and the NOAA Office of Law Enforcement as well as state enforcement agencies, which will help them to abide by all federal size limits for lingcod, and is consistent with the best scientific information available. California Recreational Fishery Management Measures At its September Council meeting, the Council recommended changes to the depth restrictions for recreational fishery management areas off of California be implemented as soon as possible to prevent further exceedance of the state HG for yelloweye rockfish (3.9 mt) while still providing recreational fishing opportunity to that sector. There was not sufficient time after that meeting to undergo proposed and final rulemaking before this action needs to be in effect. Affording the time necessary for prior notice and opportunity for public comment would prevent NMFS and California from managing the California recreational sector using the best available science to address exceedance of the State's yelloweye rockfish HG, keep catch through the end of the year within the rebuilding ACL, while allowing harvest opportunites as intended by the Council and in accordance with the PCGFMP and applicable law. These depth-based restrictions will move vessels to shallower waters where they are less likely to encounter yelloweye rockfish, while also providing the recreational fishing opportunity that benefits local communities. It is in the public interest in California to allow the recreational fishery to remain open for the remainder of the year. Recreational fishing in California contributes revenue to the coastal communities of that state, and closing the fishery for the remainder of the year would cause adverse economic impacts to those communities. This action, if implemented quickly, is anticipated to provide recreational fishing opportunity for the duration of the year, keep the yelloweye rockfish harvest within the federal ACL, and is consistent with the best scientific information available. List of Subjects in 50 CFR Part 660 Fisheries, Fishing, and Indian fisheries. Dated: October 16, 2017. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. For the reasons set out in the preamble, 50 CFR part 660 is amended as follows: PART 660--FISHERIES OFF WEST COAST STATES 0 1. The authority citation for part 660 continues to read as follows: Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and 16 U.S.C. 7001 et seq. 0 2. In Sec. 660.60, paragraphs (h)(5)(ii)(B) introductory text, (h)(5)(ii)(B)(2) introductory text, and (h)(5)(ii)(B)(2)(i) and (ii) are revised to read as follows: Sec. 660.60 Specifications and management measures. * * * * * (h) * * * (5) * * * (ii) * * * (B) Shorebased IFQ Program. For vessels landing sorted catch, the weight conversions for purposes of applying QP and size limits are provided in paragraphs (h)(5)(ii)(B)(2)(i) through (iii) of this section. * * * * * (2) Lingcod. The following conversions and size limits apply: (i) The minimum size limit for lingcod North of 42[deg] N. lat. is 22 inches (56 cm) total length for whole fish, which corresponds to 18 inches (46 cm) with the head removed. (ii) The minimum size limit for lingcod South of 42[deg] N. lat. is 24 inches (61 cm) total length for whole fish, which corresponds to 19.5 inches (49.5 cm) with the head removed. * * * * * 0 3. Table 2 (North) and Table 2 (South) to part 660, subpart E are revised to read as follows: BILLING CODE 3510-22-P [[Page 48659]] [GRAPHIC] [TIFF OMITTED] TR19OC17.000 [[Page 48660]] [GRAPHIC] [TIFF OMITTED] TR19OC17.001 [[Page 48661]] [GRAPHIC] [TIFF OMITTED] TR19OC17.002 [[Page 48662]] [GRAPHIC] [TIFF OMITTED] TR19OC17.003 0 4. Table 3 (North) and Table 3 (South) to part 660, subpart F are revised to read as follows: [[Page 48663]] [GRAPHIC] [TIFF OMITTED] TR19OC17.004 [[Page 48664]] [GRAPHIC] [TIFF OMITTED] TR19OC17.005 [[Page 48665]] [GRAPHIC] [TIFF OMITTED] TR19OC17.006 [[Page 48666]] [GRAPHIC] [TIFF OMITTED] TR19OC17.007 0 5. In Sec. 660.360, paragraphs (c)(3)(i)(A)(1) through (4) are revised to read as follows: Sec. 660.360 Recreational fishery--management measures. * * * * * (c) * * * (3) * * * (i) * * * (A) * * * (1) Between 42[deg] N. lat. (California/Oregon border) and 40[deg]10' N. lat. (Northern Management Area), recreational fishing for all groundfish (except petrale sole, starry flounder, and ``other flatfish'' as specified in paragraph (c)(3)(iv) of this section) is prohibited seaward of the 30 fm (55 m) depth contour along the mainland coast and along islands and offshore seamounts from May 1 through October 15 (shoreward of 30 fm is open); is prohibited seaward of the 20 fm (37 m) depth contour along the mainland coast and along islands and offshore seamounts from October 16 through December 31 (shoreward of 20 fm is open); and is closed entirely from January 1 through April 30. Coordinates for the boundary line approximating the 20 (37 m) and 30 fm (55 m) depth contours are listed in Sec. 660.71. (2) Between 40[deg]10' N. lat. and 38[deg]57.50' N. lat. (Mendocino Management Area), recreational fishing for all groundfish (except petrale sole, starry flounder, and ``other flatfish'' as specified in paragraph (c)(3)(iv) of this section) is prohibited seaward of the 20 fm (37 m) depth contour along the mainland coast and along islands and offshore seamounts from May 1 through December 31 (shoreward of 20 fm is open), and is closed entirely from January 1 through April 30. Coordinates for the boundary line approximating the 20 fm depth contour are listed in Sec. 660.71. (3) Between 38[deg]57.50' N. lat. and 37[deg]11' N. lat. (San Francisco Management Area), recreational fishing for all groundfish (except petrale sole, starry flounder, and ``other flatfish'' as specified in paragraph (c)(3)(iv) of this section) is prohibited seaward of the boundary line approximating the 40 fm (73 m) depth contour along the mainland coast and along islands and offshore seamounts from April 15 through October 15; is prohibited seaward of the boundary line approximating the 30 fm (55 m) depth contour along the mainland coast and along islands and offshore seamounts from October 16 through December 31, and is closed entirely from January 1 through April 14. Closures around Cordell Banks (see paragraph (c)(3)(i)(C) of this section) also apply in this area. Coordinates for the boundary line approximating the 30 (55 m) and 40 fm (73 m) depth contours are listed in Sec. 660.71. (4) Between 37[deg]11' N. lat. and 34[deg]27' N. lat. (Central Management Area), recreational fishing for all groundfish (except petrale sole, starry flounder, and ``other flatfish'' as specified in paragraph (c)(3)(iv) of this section) is prohibited seaward of a boundary line approximating the 50 fm (91 m) depth contour along the mainland coast and along islands and offshore seamounts [[Page 48667]] from April 1 through October 15; is prohibited seaward of a boundary line approximating the 40 fm (73 m) depth contour along the mainland coast and along islands and offshore seamounts from October 16 through December 31and is closed entirely from January 1 through March 31 (i.e., prohibited seaward of the shoreline). Coordinates for the boundary line approximating the 40 fm (73 m) depth contour are specified at Sec. 660.71 and the 50 fm (91 m) depth contour are specified in Sec. 660.72. * * * * * [FR Doc. 2017-22695 Filed 10-18-17; 8:45 am] BILLING CODE 3510-22-C
![48656 Federal Register / Vol. 82, No. 201 / Thursday, October 19, 2017 / Rules and Regulations
DEPARTMENT OF COMMERCE was published on February 7, 2017 (82 2017–18 harvest specifications and
FR 9634). management measures, and no requests
National Oceanic and Atmospheric The Council, in coordination with were made by industry for changes;
Administration Pacific Coast Treaty Indian Tribes and therefore, no inseason actions were
the States of Washington, Oregon, and considered. Therefore, the Council
50 CFR Part 660 California, recommended three changes recommended and NMFS is
to current groundfish management implementing, by modifying Tables 2
[Docket No. 160808696–7010–02] measures at its September 11–18, 2017 (North and South) to part 660, subpart
meeting. The changes the Council E, trip limit changes for the LEFG
RIN 0648–BH20 recommended include: (1) Increasing sablefish DTL fisheries north of 36° N.
Magnuson-Stevens Act Provisions; the sablefish trip limits in the limited lat. The trip limits for sablefish in the
entry fixed gear (LEFG) and open access LEFG fishery north of 36° N. lat.
Fisheries Off West Coast States;
(OA) sablefish daily trip limit (DTL) increase from ‘‘1,100 lb (499 kg) per
Pacific Coast Groundfish Fishery;
fisheries north of 36° North latitude (N. week, not to exceed 3,300 lb (1,497 kg)
2017–2018 Biennial Specifications and
lat.), (2) adding a reference to the per two months’’ to ‘‘1,500 lb (680 kg)
Management Measures; Inseason
current lingcod size limits in the trip per week, not to exceed 4,500 lb (2,041
Adjustments
limit table for the trawl fishery, and (3) kg) per two months’’ beginning in
AGENCY: National Marine Fisheries implementing depth restrictions in the period 5 through the end of the year.
Service (NMFS), National Oceanic and California recreational fishery. The Council also recommended and
Atmospheric Administration (NOAA), NMFS is implementing, by modifying
LEFG and OA Sablefish DTL Fisheries
Commerce. Tables 3 (North and South) to part 660,
North of 36° N. Lat.
ACTION: Final rule; inseason adjustments subpart F, trip limits for sablefish in the
To increase harvest opportunities for OA sablefish DTL fishery north of 36° N.
to biennial groundfish management
LEFG and OA sablefish DTL fisheries lat., an increase from ‘‘300 lb (136 kg)
measures. north of 36° N. lat., the Council per day, or one landing per week of up
SUMMARY: This final rule announces recommended increases to sablefish trip to 1,000 lb (454 kg), not to exceed 2,000
inseason changes to management limits for all remaining periods in 2017. lb (907 kg) per two months’’ to ‘‘300 lb
measures in the Pacific Coast groundfish Trip limits for LEFG and OA sablefish (136 kg) per day, or one landing per
fisheries. This action, which is DTL fisheries have been designated at week of up to 1,300 lb (590 kg), not to
authorized by the Pacific Coast 50 CFR 660.60(c)(1)(i) and in Section exceed 2,600 lb (1,179 kg) per two
Groundfish Fishery Management Plan 6.2.1 of the PCGFMP as routine months’’ beginning in period 5 through
(PCGFMP), is intended to allow management measures. the end of the year.
fisheries to access more abundant Sablefish are distributed coastwide
with harvest specifications split north Clarification on Lingcod Size Limits for
groundfish stocks while protecting the Shorebased Individual Fishing
and south of 36° N. lat. Trip limit
overfished and depleted stocks. Quota (IFQ) Program
increases, for species such as sablefish,
DATES: This final rule is effective are intended to increase attainment of At the September Council meeting,
October 19, 2017. the non-trawl harvest guideline (HG). members of the Enforcement
FOR FURTHER INFORMATION CONTACT: To assist the Council in evaluating the Consultants (EC) noted confusion with
Karen Palmigiano, phone: 206–526– increases to sablefish trip limits, the regards to size limits for lingcod, an IFQ
4491, fax: 206–526–6736, or email: Groundfish Management Team (GMT) species, caught with trawl gear in the
karen.palmigiano@noaa.gov. made model-based landings projections Shorebased IFQ Program north and
SUPPLEMENTARY INFORMATION: for the LEFG and OA sablefish DTL south of 42° N. lat. Currently, lingcod
fisheries north of 36° N. lat. for the size limits apply, per regulations at
Electronic Access remainder of this year. These § 660.60(h)(5)(ii)(B)(2). However,
This rule is accessible via the Internet projections were based on the most members of the EC and the public have
at the Office of the Federal Register Web recent information available. The model commented that it can be difficult to
site at https://www.federalregister.gov. predicts harvest of 76 percent (194 mt) find the regulations, and that they could
Background information and documents of the LEFG harvest guideline (HG) (258 be misinterpreted. Therefore, the
are available at the Pacific Fishery mt) and harvest of 77 percent (326 mt) Council recommended that NMFS
Management Council’s Web site at of the OA sablefish DTL fishery HG (425 include a reference to the current
http://www.pcouncil.org/. mt) under the current limits through the lingcod size limits (22 inches for north
end of the year. With the recommended of 42° N. lat. and 24 inches for south of
Background increase in sablefish trip limits, the 42° N. lat.) in Tables 1 (North and
The PCGFMP and its implementing projected harvest is 80 percent (206.9 South), part 660, subpart D. However,
regulations at title 50 in the Code of mt) of the LEFG HG (258 mt) and 88 Tables 1 (North and South) do not
Federal Regulations (CFR), part 660, percent (374 mt) of the OA sablefish provide any information regarding IFQ
subparts C through G, regulate fishing DTL fishery HG (425 mt) through the species (e.g. size limits, landing limits,
for over 90 species of groundfish off the end of the year. This increase in trip vessel limits, etc.). These tables describe
coasts of Washington, Oregon, and limits does not change projected rockfish conservation areas for vessels
California. Groundfish specifications impacts to co-occurring overfished using groundfish trawl gear and
and management measures are species from those anticipated in the incidental landing allowances for non-
rmajette on DSKBCKNHB2PROD with RULES
developed by the Pacific Fishery 2017–18 harvest specifications and IFQ species (for vessels registered to a
Management Council (Council), and are management measures, as the projected limited entry trawl permit and using
implemented by NMFS. impacts to those species assume that the groundfish trawl or groundfish non-
The final rule to implement the 2017– entire sablefish ACL is harvested. trawl gears to harvest IFQ species).
2018 harvest specifications and Finally, projections for the LEFG NMFS thought it might cause confusion
management measures for most species sablefish fisheries south of 36° N. lat. to intermingle IFQ species size limits in
of the Pacific coast groundfish fishery are similar to levels anticipated in the the tables that describe non-IFQ species
VerDate Sep<11>2014 14:12 Oct 18, 2017 Jkt 244001 PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 E:\FR\FM\19OCR1.SGM 19OCR1](https://thefederalregister.org/doc/82_FR_48857/page/1.svg)
![Federal Register / Vol. 82, No. 201 / Thursday, October 19, 2017 / Rules and Regulations 48667
from April 1 through October 15; is (GOA). This action is necessary because Classification
prohibited seaward of a boundary line the 2017 total allowable catch of
approximating the 40 fm (73 m) depth shortraker rockfish in the Western This action responds to the best
contour along the mainland coast and Regulatory Area of the GOA has been available information recently obtained
along islands and offshore seamounts reached. from the fishery. The Assistant
from October 16 through December Administrator for Fisheries, NOAA
DATES: Effective 1200 hours, Alaska
31and is closed entirely from January 1 (AA), finds good cause to waive the
local time (A.l.t.), October 16, 2017, requirement to provide prior notice and
through March 31 (i.e., prohibited through 2400 hours, A.l.t., December 31,
seaward of the shoreline). Coordinates opportunity for public comment
2017. pursuant to the authority set forth at 5
for the boundary line approximating the FOR FURTHER INFORMATION CONTACT: Josh
40 fm (73 m) depth contour are U.S.C. 553(b)(B) as such requirement is
Keaton, 907–586–7228. impracticable and contrary to the public
specified at § 660.71 and the 50 fm (91
SUPPLEMENTARY INFORMATION: NMFS interest. This requirement is
m) depth contour are specified in
manages the groundfish fishery in the impracticable and contrary to the public
§ 660.72.
GOA exclusive economic zone interest as it would prevent NMFS from
* * * * * according to the Fishery Management
[FR Doc. 2017–22695 Filed 10–18–17; 8:45 am]
responding to the most recent fisheries
Plan for Groundfish of the Gulf of data in a timely fashion and would
BILLING CODE 3510–22–C
Alaska (FMP) prepared by the North delay prohibiting the retention of
Pacific Fishery Management Council shortraker rockfish in the Western
under authority of the Magnuson- Regulatory Area of the GOA. NMFS was
DEPARTMENT OF COMMERCE
Stevens Fishery Conservation and unable to publish a notice providing
National Oceanic and Atmospheric Management Act. Regulations governing time for public comment because the
Administration fishing by U.S. vessels in accordance most recent, relevant data only became
with the FMP appear at subpart H of 50 available as of October 10, 2017.
50 CFR Part 679 CFR part 600 and 50 CFR part 679.
The 2017 total allowable catch (TAC) The AA also finds good cause to
[Docket No. 160920866–7167–02] of shortraker rockfish in the Western waive the 30-day delay in the effective
Regulatory Area of the GOA is 38 metric date of this action under 5 U.S.C.
RIN 0648–XF761
tons (mt) as established by the final 553(d)(3). This finding is based upon
2017 and 2018 harvest specifications for the reasons provided above for waiver of
Fisheries of the Exclusive Economic prior notice and opportunity for public
Zone off Alaska; Shortraker Rockfish groundfish of the GOA (82 FR 12032,
February 27, 2017). comment.
in the Western Regulatory Area of the
In accordance with § 679.20(d)(2), the This action is required by §§ 679.20
Gulf of Alaska
Administrator, Alaska Region, NMFS and 679.21 and is exempt from review
AGENCY: National Marine Fisheries (Regional Administrator), has under Executive Order 12866.
Service (NMFS), National Oceanic and determined that the 2017 TAC of Authority: 16 U.S.C. 1801 et seq.
Atmospheric Administration (NOAA), shortraker rockfish in the Western
Regulatory Area of the GOA has been Dated: October 16, 2017.
Commerce.
reached. Therefore, NMFS is requiring Emily H. Menashes,
ACTION: Temporary rule; closure.
that shortraker rockfish in the Western Acting Director, Office of Sustainable
SUMMARY: NMFS is prohibiting retention Regulatory Area of the GOA be treated Fisheries, National Marine Fisheries Service.
of shortraker rockfish in the Western as prohibited species in accordance [FR Doc. 2017–22704 Filed 10–16–17; 4:15 pm]
Regulatory Area of the Gulf of Alaska with § 679.21(b). BILLING CODE 3510–22–P
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Document Created: 2017-10-19 02:56:32
Document Modified: 2017-10-19 02:56:32
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule; inseason adjustments to biennial groundfish management measures. | |
| Dates | This final rule is effective October 19, 2017. | |
| Contact | Karen Palmigiano, phone: 206-526-4491, fax: 206-526-6736, or email: [email protected] | |
| FR Citation | 82 FR 48656 | |
| RIN Number | 0648-BH20 | |
| CFR Associated | Fisheries; Fishing and Indian Fisheries |
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